The International Court of Justice is deliberating on recognizing a healthy environment as a human right under international law, which would obligate all states to protect it. With overwhelming support from over 60 states, the recognition is vital to addressing climate change’s effects on marginalized communities. Established state practices since the 1970s reinforce this right’s legal standing, paving the way for future protections for individuals and ecosystems against environmental degradation.
The International Court of Justice (ICJ) is currently considering an advisory opinion concerning states’ obligations amid climate change, focusing on whether a healthy environment is recognized internationally as a human right. Such a recognition could impose a legal duty on all states to protect this right, thus addressing the disproportionate impacts of climate change and pollution on marginalized communities.
During proceedings last December, over 60 states affirmed the right to a clean, healthy, and sustainable environment, citing its urgent necessity during the climate crisis. Conversely, ten opposing states contended the right’s recognition lacks legal significance. The recognition of this right is crucial given the escalating environmental crises afflicting vulnerable populations globally.
The ICJ must consider defining the right to a healthy environment as customary international law. The court has established that customary law arises from widespread state practice and acceptance of legal obligations. Currently, the extensive global acknowledgment since the 1970s reinforces the argument for this recognition.
International recognition of a clean environment as a human right comes from various human rights bodies and multiple regional agreements since the 1980s. Approximately 164 states, comprising 85% of UN membership, recognize this right legally. The consistent state practice around this issue strengthens the case for its status in customary international law.
Numerous court rulings demonstrate states’ acknowledgement that safeguarding a healthy environment is a legal requirement. The existence of laws and regulations enforcing this right supports the view that the ICJ should recognize it as customary international law. Despite some opposing states, the global acknowledgment of this right remains strong, revealing a clear obligation for states to address environmental protection.
The right to a healthy environment encompasses different dimensions, including access to information, public engagement, and access to justice. The substance covers vital aspects like clean air and water, sustainable food, and biodiversity. Enshrining these protections at an international level can secure the rights of present and future generations against the challenges posed by environmental crises.
The ICJ now has a pivotal opportunity to affirm the right to a healthy environment as binding under international law. Such recognition could significantly enhance global efforts to combat climate change. By establishing this right as universally protected, the ICJ would pave the way for more states to acknowledge their obligations in environmental protection, reflecting broad global consensus.
The topic centers on the implications of recognizing the human right to a healthy environment as customary international law, particularly amid pressing climate change challenges. In December 2024, the ICJ conducted hearings on states’ responsibilities in this context. The article emphasizes how this legal acknowledgment could address systemic inequalities exacerbated by environmental crises, especially for marginalized communities globally.
In summary, recognizing the human right to a clean, healthy, and sustainable environment as customary international law is imperative in addressing climate change. This legal acknowledgment would enforce states’ obligations to protect environmental rights, especially for the most vulnerable. The ICJ’s decision could pave the way for stronger international norms and commitments to ensure environmental protection as a fundamental human right, reflecting a global consensus on this critical issue.
Original Source: impakter.com
